GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

BOMBAY  ACT  No.  LV OF  1955

THE  MAHARASHTRA  HIGHWAYS  ACT

(  As  modified  upto  the  17th  March,  2016  )

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY STORES, KOLHAPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
MAHARASHTRA STATE, MUMBAI–400 004.

2015

[ Price : Rs. 00-00 ]

1955 : Bom. LV]

(i)

THE  MAHARASHTRA  HIGHWAYS  ACT

PREAMBLE.

SECTIONS.

-------------

CONTENTS

CHAPTER    I
Preliminary.

1. Short  title,  extent  and  commencement.
2. Definitions.

CHAPTER    II
Declaration  of  Highways,  Highway  Authorities  and  their  powers  and
functions.

3. Declaration  of  roads,  ways  or  lands  as  highways.
4. Appointment  of  Highway  Authorities.
5. Powers  and  duties  of  Highway  Authorities.
6. Officers  and  servants  of  Highway  Authority.

CHAPTER    III
Restriction  of  Ribbon  Development.
7. Power  to  fix  boundary,  building  and  control  lines  of  Highways.
8. Map  to  be  prepared  and  maintained.
9. Restrictions  on  buildings  between  highway  boundary  and  building

line  and  between  building  and  control  lines.

10. Appeal.
11. Exemptions  for  works  in  progress,  etc.
12. Setting  back  to  building  line  or  control  line.
13. Regulation  or  diversion  of  right  of  access  to  highway.
14. Powers  of  Highways  Authority  and  officers  and  servants  appoined

under  section  6  in  respect  of  surveys.

15. Power  to  acquire  land,  etc.
16. Power  to  enter  or  survey,  etc.
17. Hearing  of  objections.
18. Declaration  of  acquisition.
19. Powers  to  take  possession.

19A. Right  to  enter  into  land  where  land  vested  in  State  Government.
19B. Determination  of  amount  payable  as  compensation.
19C. Deposit  and  payment  of  amount.
H  509-1

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SECTIONS.

Maharashtra Highways  Act

[1955  :  Bom.  LV

CHAPTER    III—contd.

19D. Land  acquisition  officer  to  have  certain  powers  of  civil  court.
19E. Land  Acquisition  Act,  1894  not  to  apply.

CHAPTER    IV
Prevention  of  unauthorized  occupation  of,  and  encroachment
on,  a  highway  and  removal  of  encroachment.

20. Lands  forming  part  of  highway  deemed  to  be  Government  property.
21. Prevention  of  unauthorized  occupation  of  highway.
22. Power  to  cancel  permit.
23. Prevention  of  encroachment.
24. Appeal  against  notice  served  under  sub-section  (1)  of  section  23.
25. Recovery  of  cost  of  removal  of  encroachment.

CHAPTER    V
Compensation.

26. Doing  minimum  damage  in  certain  cases  and  compensation.
27. Determination  of  amount  of  compensation  by  agreement.
28. Determination  of  amount  of  compensation  in  dafault  of  agreement.
29. No  compensation  if  similar  restrictions  in  force  under  any  other  law

or  if  compensation  already  received.

30. Compensation for refusal of permission to build not to exceed difference
between  its  value  when  it  was  refused  and  when  it  would  have been
granted.

31. Compensation  for  diversion  of  access  not  to  exceed  cost  of  alternative

access.

32. Compensation  for  cutting  of  standing  crops,  trees,  etc.
33. No  compensation  for  unauthorized  erections.
34. NO compensation  for  removal  of  encroachment.
35. Reference  against  award  of  Highway  Authority  or  authorized  officer

under  section  28.

36. Procedure and powers of the authorities empowered to decide references

under  sections  35  and  44.

37. Commissioner  of  Police  or  District  Superintendent  of  Police  to  enforce,

surrender  or  remove  any  encroachment.

38. Decisions  of  authorities  under  section,  35  and  44  to  be  enforeced  as

decrees  of  civil  court.

39. Payment  of  compensation  awarded.
40. Payment  by  adjustment.

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Maharashtra Highways Act

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SECTIONS.

CHAPTER    VI
Levy  of  Betterment  Charges.

Inquiry  and  order.
Increase  in  value  and  betterment  charges.

41. Notice  to  owners  and  persons  interested.
42.
43.
44. Reference  against  order  of  authorised  officer  under  section  42.
45. Finality of order fixing betterment charges and of decision on reference.
46. Betterment  charges  to  be  first  charged  on  land  next  to  land  revenue.
47. Payment  of  betterment  charges.
48. Relinquishment of or exchange of land in lieu of payment of betterment

charges.

CHAPTER    VII
Supplemental  provisions  to  secure  safety  of  traffic  and  prevention  of
damage  to  highways.
49. Prevention  of  danger  arising  from  obstruction  of  view,  etc.,  of  persons

using  any  highway.

50. Highway  Authority  to  regulate  traffic  when  highway  declared  unsafe.
51. Prohibition  of  use  of  heavy  vehicle  on  certain  highways.
52. Procedure  to  be  followed  when  Highway  Authority  desires  permanently

to  close  any  highway.

53. Consent of  Highway Authority  required to  do certain  acts on  highway.
54. Prevention  and  rectification  of  damaged  highway.

CHAPTER    VIII
Penalties.
55. Disobedience  of  orders,  instructions  and  refusal  to  give  information,  etc.
56. Contravention    of    restrictions    relating    to    access  or  erecting  any

building,  etc.

57. Unauthorized  occupation  of  highway.
58. Causing  damage  to  highways.
59. General  provision  for  punishment  of  offences.
60. Power  to  compound  offences.

CHAPTER    IX
Miscellaneous.

61. Powers  and  duties  of  police.
62. Duties  of  village  officials.
63. Power  to  utilise  highway  for  other  than  road  purposes.

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SECTIONS.

Maharashtra Highways Act

[1955 : Bom. LV

CHAPTER    IX—contd.

Inquiries  to  be  held  summarily.

64. Summary  eviction.
65.
66. Registration  of  map  made  under  section  8  not  required.
67. Certain  persons  to  be  public  servants.
68. Bar  of  jurisdiction.
69. Protection  of  persons  acting  in  good  faith  and  limitation  of  suit  or

prosecution.

70. Service  of  notices  and  bills.
71. Power  to  make  rules.
72. Savings.
73. Provisions  of  this  Act  or  rules  to  prevail  over  inconsistent  provisions

in  other  laws.

74. Building and control lines along national highways and levy of betterment

charges.

75. Repeal  and  saving.
(SCHEDULE) Deleted.

---------

BOMBAY  ACT  No.  LV  OF  1955 1
[THE  MAHARASHTRA  HIGHWAY  ACT]†
[This Act received the assent of the President on the 13th December 1955; assent
was first published in the “Bombay Government Gazette”, in Part IV, Extraordinary,
on the 22nd December 1955.]

[22nd December 1995]
Adapted  and  modified  by  the  Bombay Adaptation  of  Laws  (State  and  Concurrent

Subjects)  Order,  1956.

Adapted and modified by the Maharashtra Adaptation of Laws (State and Concur-

rent  Subjects)  Order,  1960.

Amended  by  Mah.  42  of  1965.
Amended  by  Mah.  24  of  1967.
Amended  by  Mah.  37  of  1999  (1-1-2000)*
Amended  by  Mah.  24  of  2012  (22-8-2012)*

An  Act  to  provide  for  the  restriction  of  ribbon  development  along  highways,
for the prevention and removal of encroachment thereon, for the construction,
maintenance and development of highways, for the levy of betterment charges
and  for  certain  other  matters.
WHEREAS  it  is  expedient  to  provide  for  the  restriction  of  ribbon  development
along  highways,  for  the  prevention  and  removal  of  encroachment  thereon,  for  the
construction, maintenance and development of highways, for the levy of betterment
charges and  for certain other matters; It is hereby enacted in the Sixth Year of the
Republic  of  India  as  follows  :—

CHAPTER  I
Preliminary.

(1)  This  Act  may  be  called 2[the  Maharashtra  Highways  Act].

1.
3[(2)  It  extends  to  the  whole  of  the  State  of  Maharashtra.]
(3) 4[This  section  shall  be  in  force  in  the  whole  State.]  The  State  Government
may,  by  notification  in  the Official  Gazette, direct  that  all  or  any  of  the  remaining
provisions of this Act shall come into force in such area and on such date** as may
be  specified  in  the  notification  :

Provided  that  the  State  Government  may,  by  notification  issued  in  like  manner
exclude  any  road  or  way  or  class  of  roads  or  ways  situate  in  such  area  from  the
operation  of  all  or  any  of  the  provisions  of  this  Act.

2. In  this  Act,  unless  there  is  anything  repugnant  in  the  subject  or  context,—

(a)  “animal”  means  any  domestic  or  captive  animal;
(b) “building” includes any erection of whatsoever material and in whatsoever
manner constructed (including a farm building for agricultural purposes) and also
includes plinths, doorsteps, walls (including compound walls and fences) and the
like  ;
1  For  Statement  of  Objects  and  Reasons, see  Bombay  Government  Gazette,  1954,  Part  V,  Page  330.
† The  Bombay  Highways  Act,  1955,  and  the  rules  made  thereunder  as  in  force  in  the  Bombay
area  of  the  State  of  Maharashtra,  are  hereby  extended  to  the  rest  of  that  State  (See section  2  of  Mah.42
of  1965).

2.  The  short  title  was  amended  for  “the  Bombay  Highways  Act,  1955”  by  Mah.  24  of  2012,

Schedule,  entry  58,  w.e.f.  1-5-1960.

Short  title,
extent  and
commence-
ment.

Definitions.

3  Sub-section  (2)  was  substituted  for  the  original  by  Mah.  42  of  1965,  s.  3(a).
4  These  words  were  substituted  for  the  words  “This  section  shall  come  into  force  at  once”, by  Mah.

42  of  1965, s. 3(b).

*  This  indicates  the  date  of  commencement.
**  8th  July  1960,  sections  2  to  74  (both  inclusive)  and  the  Schedule  for  the  Bombay  Suburban
District  and  the  Thana  District vide G.  N.,  B.  &  C.  D.  No.  BHA.  3760-C(1),  dated  the  7th  July  1960.
**  11th  May  1962,  sections  2  to  74  (both  inclusive)  and  the  Schedule  for  the  City  of  Bombay,

vide G.  N.,  B.  &  C.  D.,  No.  BHA.  3761/534-C-(II),  dated  the  3rd  May  1962.

**  3rd  September  1964,  sections  2  to  74  (both  inclusive)  and  the  Schedule  for  the  Kolaba  District,

vide G.  N.,  B.  &  C.  D.,  No.  BHA.  3763/52902-C(3)  dated  the  28th  August  1964.

**  28th  April  1967, vide G.  N.,  B.  &  C.  D.,  No.  BHA.  3765/1163  48-C-(1),  dated  the  19th  April  1967.

II  of
1924.

2

Maharashtra Highways Act

[1955 : Bom. LV

(c)  “building  line”  means  a  line  on  either  side  of  any  highway  or  part  of  a
highway  fixed  in  respect  of  such  highway  or  part  by  a  notification  under  sub-
section  (1)  of  section  7  ;

(d) “cantonment” means a contonment established under the Cantonments Act,

1924  ;

(e) “control line” means a line on either side of highway or part of a highway
beyond the building line fixed in respect of such highway or part by a notification
under  sub-section  (1)  of  section  7  ;

(f) “encroachment” means any unauthorised occupation of any highway on part

thereof,  and  includes  an  unauthorised—

(i)  erection  of  a  building  or  any  other  structure,  balconises,  porches,

projections  on  or  over  or  overhanging  the  highway ;

(ii)  occupation  of  a  highway  beyond  the  prescribed  period,  if  any,  for
stacking  building  materials  or  goods  of  any  other  description,  for  exhibiting
articles  for  sale,  for  erecting  poles,  ownings,  tents,  pandals,  hoardings  and
other  similar  erections  of  for  parking  vehicles  or  stabling  animals  or  for  any
other  purpose ;  and

(iii)  excavations  or  dumps  of  any  sort  made  or  extended  on  any  highway

or  underneath  such  highway ;
(g)  “to  erect”  with  its  grammatical  variations  in  relation  to  a  building  means

to  construct,  reconstruct,  extend  or  alter  structurally  a  building  ;

(h) “excavation” in relation to any piece of land does not include any workings
which do not piece the surface of that piece of land; but includes wells and tanks ;
(i)  “highway”  means  any 1[road,  way  or  land]  which  is  declared  to  be  a

highway  under  section  3.  The  expression  includes,—

(i)  any  land  acquired  or  demarcated  with  a  view  to  construct  a  highway

along  it ;

(ii)  the  slopes,  berms,  borrow-pits,  foot-paths,  pavements  and  side,  catch

and  boundary  drains  attached  to  such  road  or  way ;

(iii) all bridges, culverts, causeways, carriageways and other structures built

on  or  across  such  road  or  way ;  and

(iv)  the  trees,  fences,  posts,  boundary,  furlong  and  milestones,  and  other
highway  accessories  and  materials  and  material  stacked  on  the  road  or  way ;
(j)  “Highway  Authority”  means  the  auithority  appointed  as  such  or  to  which

the  functions  of  such  authority  are  entrusted  under  section  4;

(k) “highway boundaries” means the boundaries of a highway fixed in respect

of  such  highway  by  a  notification  under  sub-section  (1)  of  section 7 ;

(l) “means of access” includes any means of access, whether private or public,

for  vehicles  or  for  foot  passengers  and  includes  any  street ;

(m)  “middle  of  highway”  means  the  point  half-way  between  the  highway

boundaries ;

(n)  “occupier”  includes,—

(a)  any  person  who  for  the  time  being  is  paying  or  is  liable  to  pay  to  the
owner rent or any portion of the rent of the premises in respect of which such
rent  is  paid  or  is  payable ;

(b)  an  owner  living  in  or  otherwise  using  his  premises ;

1  These  words  were  subsituted  for  the  words  “road  or  way  over  which  the  public  have  a  right

of  way  or  are  granted  access  and”  by  Mah.  42  of  1965,  s.  4.

1955 : Bom. LV]

Maharashtra Highways Act

3

(c)  a  rent-free  tenant ;
(d)  a  licensee  in  occupation  of  any  premises ;  and
(e)  any  person  who  is  liable  to  pay  to  the  owner  damages  for  the  use  and

occupation  of  any  premises ;
(o)  “owner”  means,—

(a) when used with reference to any premises, the person who receives the
rent of the said premises or who would be entitled to receive the rent  thereof
if  the  premises  were  let  and  includes,—

(i)  an  agent  or  trustee  who  receives  such  rent  on  account  of  the  owner ;
(ii) an  agent  or  trustee  who  receives  the  rent  of,  or  is  entrusted  with,  or

concerned  for,  any  premises  devoted  to  religious  or  charitable  purposes ;

(iii)  a  receiver,  sequestrator  or  manager  appointed  by  any  court  of

competent  jurisdiction ;  and

(iv)  a  mortgagee-in-possession ;

(b)  when  used  with  reference  to  an  institution  or  a  body  corporate,  the

manager  of  such  institution  or  body  corporate ;

(p)  “prescribed”  means  prescribed  by  rules  made  under  this  Act ;

(q)  “railway  administration”  has  the  same  meaning  as  in  the  Indian  Railway

IX  of
1890.

Act,  1890 ;

(r) “vehicle” includes a barrow, sledge, plough, drag and a wheeled conveyance

of  any  description  capable  of  being  used  on  a  highway ;

I  of
1894.

(s)  the  expressions  “land”,  “persons  interested”  and  “persons  entitled  to  act”
used in this Act shall have the same meaning as the said expressions have in the
Land  Acquisition  Act,  1894.

CHAPTER  II

Declaration  of  Highways,  Highway  Authorities  and  their  powers  and
functions.

3. The  State  Government  may,  by  notification  in  the Official  Gazette, declare

any  road,  way  or  land  to  be  a  highway  and  classify  it  as—

(i)  a  State  highway  (Special),
(ii)  a  State  highway,
(iii)  a  major  district  road,
(iv)  other  district  road,  or
(v)  a  village  road.

Declaration
of  roads,
ways  or
lands  as
highways.

4. The  State  Government  may,  by  notification  in  the Official  Gazette, appoint
for  the  purpose  of  this  Act  or  any  of  its  provisions  any  person  or  any  authority  to
be  a  Highway  Authority  for  all  the  highways 1[in  the  State]  or,  in  parts 2[thereof]
or  for  any  particular  highway  or  highways 3[therein],  specified  in  the  notification.

Appointment
of  Highway
Authorities.

1  These  words  were  subsituted  for  the  words  “in  the  Bombay  area  of  the  State  of  Maharashtra”

by  Mah.  42  of  1965,  s.  5.

2  This  word  was  substituted  for  the  words  “of  the  State”  by  the  Bombay  Adaptation  of  Laws  (State

and  Concurrent  Subjects)  Order,  1956.

3  This  word  was  substituted  for  the  words  “in  the  Bombay  area  of  the  State  of  Maharashtra”  by

Mah.  42  of  1965,  s.  5.

4

Maharashtra Highways Act

[1955 : Bom. LV

Duties  of
Highway
Authorities.

5. Subject  to  such  conditions  as  may  be  specified  in  the  notification  appointing  a
Highway Authority and subject to the general or special orders of the State Government,
a Highway Authority shall exercise powers and discharge duties in accordance with the
provisions of this Act for the restriction of ribbon development along highways, for the
prevention  and  removal of encroachments and for all matters necessary and incidental
to any or all of the above subjects. Also subject to the approval of the State Government
and  to  such  general  or  special  orders  which  the  State  Government  may  make  in  this
behalf,  it  shall  be  lawful  to  a  Highway  Authority  to  undertake  the  construction,
maintenance,  development  or  improvment  of  highways.

Officers  and
servants  of
Highway
Authority.

6. For the prupose of enabling a Highway Authority to exercise the powers conferred
and to discharge the duties imposed upon it by or under the provisions of this Act, the
State Government may appoint such officers and servants as it deem necessary to work
under  such  Authority.

Power  to  fix
boundary,
building  and
control  lines
of  highways.

CHAPTER  III

Restriction  of  Ribbon  Development.

7. 1[(1) In any area in which the provisions of this Act have been brought into force,

and,

(i) where either any road, way  or land has been declared to be a  highway under
section 3 or the construction or development of a highway is undertaken or proposed
to  be  undertaken,  and

(ii) the State Government considers it necessary to fix, as respects such highway,

the  highway  boundary,  the  building  line  or  control  line,

the State Government may, by notification in the Official Gazette, fix, as respects such
highway,  the  highway  boundary,  the  building  line  and  the  control  line :

Provided  that,  having  regard  to  the  situation  or  the  requirements  of  a  highway  or
the  condition  of  the  local  area  through  which  a  highway  passes,  it  shall  be  lawful  for
the  State  Government  to  fix  different  building  or  control  lines  in  respect  of  any
highway,  or  portions  thereof].

(2)  Not  less  than  sixty  days  before  issuing  a  notification  under  sub-section (1)  the
State  Government  shall  cause  to  be  published  in  the Official  Gazette,  and  in  the
prescribed manner in the village and at the headquarters of the 2[taluka, tahsil or mahal]
of  the  district  in  which  the  highway  is  situate  a  notification  stating  that  it  propose  to
issue  a  notification  in  terms  of  sub-section  (1),  and  specifying  therein  all  the  lands
situated between the highway boundary and the control line proposed to be fixed under
such notification and in the case of new works, also lands benefiting by the construction
or  development  of  the  highway,  as  the  case  may  be,  together  with  a  notice  requiring
all persons affected by such notification, who wish to make any objections or suggestions
with respect to the issue of such a notification to submit their objections or suggestions
in  writing  to  the  Highway  Authority  or  appear  before  such  authority,  within  two
months  of  the  publication  of  the  notification  in  the Official  Gazette,  or  within  one
month  from  the  date  of  the  publication  of  the  notification  in  the  village,  whichever
period  expires  later.

(3) The Highway Authority shall, after all such objections or suggestions have been
considered  or  heard,  as  the  case  may  be,  and  after  such  further  inquiry,  if  any  as  it
thinks necessary, forward to the State Government a copy of the record of its proceedings
held by it together with a report setting forth its recommendations on the objections or
suggestions.

1  Sub-section  (1)  was  substituted  for  the  original  by  Mah.  42  of  1965,  s.  6(1).
2  These  words  were  substituted  for  the  words  “taluka  or  mahal”,  by  Mah.  42  of  1965, s.  6(2).

1955 : Bom. LV]

Maharashtra Highways Act

5

(4)  If,  before the  expiration  of  the  time  allowed by  sub-section  (2)  for  the  filing
or hearing of objections or suggestions, no objections or suggestion has been made,
the  State  Government  shall  proceed  at  once  to  issue  the  notification  under  sub-
section (1). If, any such objection or suggestions has been made, the State Government
shall  consider  the  record  and  the  report  referred  to  in  sub-section  (3)  and  may
either—

(a)  abandon  the  proposal  to  issue  the  notification  under  sub-section  (1),  or
(b) issue the notification under sub-section (1) with such modification, if any,

as  it  thinks  fit.
(5)  In  considering  the  objections  or  suggestions,  the  decision  of  the  State
Government  on  the  question,  of  issuing  the  notification  under  sub-section  (1)  shall
be  final  and  conclusive.

8. Within two months from the date of publication of the notification under sub-
section (1) of section 7 fixing the highway boundary, building line and control line
with respect to any highway, the Highway Authority shall cause a map to be made
of the area through which such highway passes and shall cause to be marked thereon
the  highway  boundaries  and  building  and  control  lines  and  any  other  particulars
necessary  for  the  purposes  of  this  Act  and  within  one  month  from  the  date  of
making  any  alteration  or  addition  thereto  cause  the  said  map  to  be  corrected  and
such map with the date indicated thereon of the last time when the same shall have
been  so  corrected  shall  be  kept  in  the  office  of  the  Highway  Authority.  Such  map,
which  shall  bear  the  seal  of  the  Highway  Authority,  shall  be  open  to  inspection.
Copies  of  such  map  shall  also  be  kept  for  inspection  at  such  other  places  as  may
be  prescribed.

9.

(1)  Notwithstanding  anything  contained  in  any  law,  custom,  agreement  or
instrument  for  the  time  being  in  force,  on  or  after  the  appointed  day,  the  following
restrictions  shall,  subject  to  the  provisions  of  this  Act,  be  in  force,  that  is  to  say,—
no  person  shall,  without  the  previous  permission  in  writing  of  the  Highway

Authority,—

(a)  upon  any  land  lying  between  the  highway  boundary  and  the  building  line
proposed  to  be  fixed  under  sub-section  (2),  or  fixed  under  sub-section  (1),  of
section  7,  as  the  case  may  be,

(i)  construct,  form  or  lay  out  any  means  of  access  to, or  from  a  highway,  or
(ii) erect  any  building,  or
(iii) materially  alter  any  existing  building,  or
(iv) make  or  extend  any  excavation,  or
(v) construct,  form  or  lay  out  any  works;  or

(b) upon any land lying between the building line and the control line proposed
to  be  fixed  under  sub-section  (2),  or  fixed  under  sub-section  (1),  of  section  7,
as  the  case  may  be,

(i) construct, form or lay out any means of access to, or from, a highway, or
(ii)  erect  any  building,  or
(iii)  materially  alter  any  existing  building;

(c) use any building or alter the use of any building already erected in manner
which in the opinion of the Highway Authority will, in any manner whatsoever,
infringe any of the provisions of this Act, or interfere with the use of a highway
adjoining  the  land  on  which  such  building  is  erected.

H  509-2

Map  to  be
prepared  and
maintained.

Restrictions
on  buildings
between
highway
boundary
and  building
line  and
between
building  and
control  lines.

6

Maharashtra Highways Act

[1955 : Bom. LV

(2)  Every  person  desiring  to  obtain  such  permission  under  sub-section  (1)  shall
make an application in writing to the Highway Authority in such form and containing
such information as may be prescribed in respect of the building, alteration, excavation,
works  or  means  of  access,  as  the  case  may  be,  to  which  the  application  relates.

(3)  On  receipt  of  such  application,  the  Highway  Authority,  after  making  such

enquiries  as  it  may  consider  necessary,  shall  order  in  writing  either—

(a) grant the permission, subject to such conditions, if any, as may be specified

in  the  order,  or

(b)  refuse  to  grant  such  permission  :

Provided  that—

(i)  permission  under  clause  (a)  of  sub-section  (1)  to  the  making  of  any
excavation  or  construction,  formation  or  laying  out  of  works  in  land  for  the
purpose of repairing, renewing, enlarging or maintaining any underground sewer,
drain  electric  line,  pipe,  duct  or  other  apparatus  shall  not  be  withheld  nor  be
made  subject  to  any  conditions  save  such  as  may  be  necessary  for  securing  that
the  sewer,  drain  electric  line,  pipe,  duct  or  other  apparatus  shall  be  laid  in  such
manner  and  at  such  levels  that  the  construction,  maintenance,  development
improvement  of  a  road  thereover  will  not  be  prevented  or  prejudicially  affect
thereby ;

(ii)  premission  under  clause  (b)  of  sub-section  (1)  to  the  erection  or  altration
of a  building or laying out  any means of access  to a highway which  conform to
the  requirements  of  public  health  and  welfare  and  of  safety  and  convenience  of
traffic  on  the  adjoining  road  shall  neither  be  withheld  nor  made  subject  to
unreasonable  conditions  :

Provided that in the case of means of access required for agricultural purpose
such permission shall neither be withheld nor be made subject to any conditions
save such as may be necessary for securing that the means of access shall be used
for  agricultural  purposes  only ;

(iii) permission under clause (b) of sub-section (1) to the re-erection or alteration of
a building which was in existence before the appointed day shall neither be withheld
nor,  made  subject  to  restrictions  unless  such  re-erection  or  alteration  involves  any
material  alteration  to  the  outside  appearance  of  the  building.

(4)  When  the  Highway  Authority  refuses  permission,  the  reasons  therefor  shall

be  recorded  and  communicated  to  the  applicant  :

Provided  that  nothing  herein  contained  shall  debar  a  person  from  making  a  fresh
application  after  omitting  therefrom  the  objectionable  features  communicated  to  him
as  aforesaid  on  account  of  which  such  permission  was  refused.

(5)  If  at  the  expiration  of  a  period  of  three  months  after  an  application  for  such
permission  specifying  the  name  and  address  of  the  applicant  has  been  made  to  the
Highway Authority, or such further period not exceeding three months as may have
been notified by the Highway Authority has lapsed and no decision has been notified
in  writing,  posted  or  delivered  to  the  applicant  at  the  address,  then  (except  as  may
otherwise  be  agreed  in  writing  between  the  Highway  Authority  and  the  applicant)
permission  shall  be  deemed  to  have  been  given  without  the  imposition  by  the
Highway  Authority  of  any  conditions.

1955 : Bom. LV]

Maharashtra Highways Act

7

(6)  The  Highway  Authority  shall  maintain  a  register  with  sufficient  particulars
of all permissions given or refused by it under this section and the register shall be
available  for  inspection  free  of  charge  by  all  persons  interested  and  such  persons
shall  be  entitled  to  take  extracts  therefrom.

Explanation.—For  the  purpose  of  this  section,  the  “appointed  day”  shall,  with

reference  to  any  highway  boundary,  building  line  or  control  line,  mean—

(1) the day on which a notification is published in the Official Gazette,  under
sub-section  (2)  of  section  7  proposing  to  fix  such  highway  boundary,  building
line  or  control  line,  and

(2)  if  any  modification  is  made  in  such  highway  boundary,  building  line  or
control  line,  the  day  on  which  the  notification  is  published  under  sub-section  (1)
of  section  7  fixing  such  highway  boundary,  building  line  or  control  line.

10.

(1) If  any applicant  is aggrieved  by any  decision of  the Highway  Authority
under section 9, withholding permission, or imposing any condition, he may appeal
to the State Government  within 30 days from the date on  which such decision was
communicated  to  him.

Appeal.

(2)  The  State  Government  may,  after  giving  an  opportunity  to  the  applicant  to
be  heard,  make  such  order  as  it  thinks  fit  upon  the  appeal  and  the  decision  of  the
State  Government  shall  be  final.

11.

(1)  No  restrictions  in  force  under  section  9  shall  apply  to  the  erection  or
making  of  a  building  or  excavation  or  to  the  construction,  formation  of  laying  out,
of  any  means  of  access  or  works  begun  before  the  appointed  day  referred  to  in
section  9.

Exemptions
for  works  in
progress,
etc.

(2)  No  restrictions  in  force  under  section  9,  except  restrictions  as  to  the  construc-
tion, formation or laying out, or means of access, shall apply to any land forming part
of a burial or cremation ground or other place for the disposal of the dead being land
which  has,  before  the  passing  of  this  Act,  been  used  for  such  purpose.

(3)  No  restrictions  in  force  under  section  9  shall  apply  to  any  excavation  or  works
necessary in connection with any drains, ditches, or other drainage works for agricultural
purposes or to any works necessary for the repair, renewal, enlargement or maintenance
of any  sewer, drain, electric line, pipe, duct, or other apparatus, constructed in  or upon
the  land  before  the  date  on  which  the  restrictions  came  into  force  or  with  the  consent
of  the  Highway  Authority  on  or  after  that  date.

12. Whenever any building or any part thereof erected before the appointed day
referred to in section 9 lies between the building line and the middle of the highway,
the Highway Authority may, whenever any such building or part has either entirely
or  in  greater  part  been  taken  down,  burnt  down  or  fallen  down  by  notice  require
such  building  or  part  when  re-erected  to  be set  back  to  the  building  line  or  control
line.

13.

(1)  The  Highway  Authority  may,  if  it  is  considered  essential  in  the  interests
of  safety  or  convenience  of  traffic,  regulate  or  divert  any  existing  right  of  access  to
a  highway  across  land  lying  between  the  control  line  and  the  highway  boundary :

Provided  that  the  existing  right  of  access  shall  not  be  diverted  until  alternative

access  has  been  given.

(2)  Where  the  existing  right  of  access  is  diverted,  the  point  at  which  alternative
access  is  given  to  the  highway  shall  not  be  unreasonably  distant  from  the  existing
point  of  access.

Setting  back
to  building
line  or
control  line.

Regulation
or  diversion
of  right  of
access  to
highway.

8

Maharashtra Highways Act

[1955 : Bom. LV

(3) The Highway Authority shall, by notification in the Official Gazette, publish
the  date  on  which  the  existing  right  of  access  has  been  diverted  and  alternative
access  has  been  given.

Powers  of
Highways
Authority
and  officers
and  servants
appointed
under
section  6  in
respect  of
surveys.

14. For  the  purpose  of  carrying  out  any  of  the  provisions  of  this  Act,  the
Highway  Authority  and  the  officers  and  servants  appointed  under  section  6  may—
(a)  enter  upon,  survey  and  take  measurements  and  levels  of  any  land ;
(b)  mark  such  levels,  dig  or  bore  into  the  sub-soil  of  any  land ;
(c)  demarcate  the  boundaries  of  the  highway  by  planting  stones  or  other
suitable  marks  in  different  colours  of  a  durable  nature  at  intervals  all  along  the
highway  in  such  a  manner  that  the  imaginary  line  joining  such  stones  or  marks
shows  the  road  boundary  correctly ;

(d) where there are bends or kinks on the road boundary, locate the stones or
marks in different colours so as to give the correct configuration of the boundary
if  they  are  joined  by  straight  lines ;

(e)  give consecutive  numbers to  such boundary  stones or  marks and  maintain

them  on  the  ground  as  if  they  constituted  part  of  the  highway ;

(f) lay out the building and control lines by placing marks in different colours

and  cutting  trenches  ;

(g)  if  the  survey  cannot  otherwise  be  made,  or  measurements  or  levels  taken
or  boundaries  marked  and  lines  laid  out,  cut  down  and  clear  away  any  standing
crop,  tree,  fence  or  jungle  or  any  part  thereof ;
(h)  do  all  other  acts  necessary  in  that  behalf :

Provided  that  the  Highway  Authority  shall  not,  except  with  the  consent  of  the
occupier  thereof,  enter  or  permit  any  of  the  officers  or  servants  to  enter  any
permises  without  previously  giving  such  occupier  at  least  forty-eight  hours’  notice
in  writing  of  its  intention  to  do  so.

Power  to
acquire
land,  etc.

1[15.

(1)  Any  land  required  by  the  Highway  Authority  for  discharging  its
functions under this Act shall be deemed to be the land needed for a public purpose
and such land may, on a request being received from the Authority, be acquired by
the  State  Government  for  the  said  Authority  under  the  provisions  of  this  Act.

(2)  On  the  Highway  Authority  approaching  the  State  Government  as  provided
under sub-section (1) with such requisition and the State Govenment being satisfied
that  for  a  public  purpose  any  land  is  required  for  the  building,  maintenance,
management  or  operation  of  a  highway  or  part  thereof,  it  may,  by  notification  in
the Official  Gazette, declare  its  intention  to  acquire  such  land :

Provided  that,  if  the  land  intended  to  be  acquired  is  situated  in  the  Scheduled
Area,  before  declaring  its  intenion  to  acquire  such  land,  the  State  Government  or
the  officer  authorised  in  this  behalf  shall  consult,  in  such  manner  as  may  be  laid
down by the State Government by a general or special order issued in this behalf,—
(i)  the Gram  Sabha or Panchayat concerned,  if  the  land  is  falling  within  the

limits  of  a  village ;

(ii)  the Panchayat  Samiti concerned,  if  the  land  is  falling  within  the  limits  of

more  than  one  villages  in  a  Block.

(iii)  the Zilla  Parishad concerned,  if  the  land  is  falling  within  the  limits  of

more  than  one  Blocks,  in  a  District.

1  These  sections  were  substituted  for  sections  15  to  19  by  Mah.  37  of  1999,  s.  2.

1955 : Bom. LV]

Maharashtra Highways Act

9

Explanation.—For  the  purposes  of  this  sub-section,—

Bom.
III  of
1959.

Mah.
V  of
1962.

(i)  the  expressions  “Gram  Sabha” and  “Scheduled  Area”  shalll  have  the
meaning  respectively  assigned  to  them  in  the  *Bombay  Village  Panchayats  Act,
1958 ;

(ii)  the  expressions  “Panchayat  Samiti” and  “Zilla  Parishad” shall  have  the
meaning  respectively  assigned  to  them  in  the  Maharashtra  Zilla  Parishad  and
Panchayat  Samitis  Act,  1961.
(3) Every  notification issued under  sub-section (2), shall  give a  brief description

of  the  land.

(4) Any officer authorised by the State Government, by notification in the Official
Gazette, for  acquisition  of  land  for  the  purposes  of  this  Act  (hereinafter  called  as
“the  Land  Acquisition  Officer”),  shall  cause  the  substance  of  the  notification  to  be
published  in  two  local  newspapers,  one  of  which  will  be  in  a  vernacular  language.

16. On  the  issue  of  the  notification  under  sub-section  (2)  of  section  15,  it  shall
be  lawful  for  the  Land  Acquisition  Officer  or  any  person  authorise  by  the  State
Government  in  this  behalf,  to—

Power  to
enter  or
survey,  etc.

(a)  make  any  inspection,  survey,  measurement,  valuation  or  enquiry ;
(b)  take  levels ;
(c)  dig  or  bore  into  sub-soil ;
(d)  set  out  boundaries  and  intended  lines  of  work ;
(e)  mark  such  levels,  boundaries  and  lines  by  placing  marks  and  cutting

trenches ;  or

(f)  do  such  other  acts  or  things  as  may  be  prescribed.

17. (1) Any person interested in the land other than the persons whose objections
or suggestions have already been considered or heard by the Highway Authority in
response  to  the  notification  issued  by  the  Highway  Authority  under  section  7  may,
within  twenty-one  days  from  the  date  of  publication  of  the  notification  under  sub-
section  (2)  of  section  15,  object  to  the  use  of  the  land  for  the  purpose  or  purposes
mentioned  in  that  sub-section.

(2) Every objection under sub-section (1) shall be made to the Land Acquisition
Officer  in  writing  and  shall  set  out  the  grounds  thereof  and  the  Land  Acquisition
Officer  shall  give  the  objector  an  opportuniy  of  being  heard,  either  in  person  or,
by  a legal  practitioner, and  may, after  hearing all  such objections  and after  making
such  further  enquiry,  if  any,  as  the  Land  Acquisition  Officer  thinks  necessary  by
order,  either  allow  or  disallow  the  objections.

25  of
1961.

Explanation.—For  the  purposes  of  this  sub-section,  “legal  practitioner”  has  the
same meaning as in clause (i) of sub-section (1) of section 2 of the Advocates Act,
1961.

(3)  Any order  made by  the Land  Acquisition Officer  under sub-section  (2)  shall

be  final.

Hearing  of
objections.

18. (1) Where no objection under sub-section (1) of section 17 has been made  to
the  Land  Acquisition  Officer  within  the  period  specified  therein  or  where  the  Land
Acquisition Officer has disallowed the objection under sub-section (2) of that section
the  Land  Acquisition  Officer  shall,  as  soon  as  may  be,  submit  a  report  accordingly
to  the  State  Government  and  on  receipt  of  such  report,  the  State  Government  shall
declare,  by  notification  in  the Official  Gazette, that  the  land  should  be  acquired  for
the  purpose  or  purposes  mentioned  in  sub-section  (2)  of  section  15.

Declaration
o f
acquisition.

*  The  short  title  of  this  Act  was  amended  as  “the  Maharashtra  Village  Panchayats  Act”  by  Mah.

24  of  2012,  Sch.  entry,  w.e.f.  1-5-1960.

Powers  to
take
possession.

10

Maharashtra Highways Act

[1955 : Bom. LV

(2)  On  the  publication  of  such  declaration  under  sub-section  (1),  the  land  shall

vest  absolutely  in  the  State  Government  free  from  all  encumbrances.

(3)  Where  in  respect  of  any  land,  a  notification  has  been  published  under  sub-
section (2) of section 15 for its acquisition but no declaration under sub-section (1)
has been published within a period of one year from the date of publication of that
notification,  the  said  notification  shall  cease  to  have  any  effect  :

Provided  that,  in  computing  the  said  period  of  one  year,  the  period  or  periods
during which any action or proceedings to be taken in pursuance of the notification
issued  under sub-section  (2)  of  section  15 is  stayed  by  an  order  of a  court  shall  be
excluded.

(4) A declaration made by the State Government under sub-section (1), shall not

be  called  in  question  in  any  court  or  by  any  other  authority.

19.

(1)  Where  any  land  has  been  vested  in  the  State  Government  under  sub-
section  (2)  of  section  18,  and  the  amount  determined  by  the  Land  Acquisition
Officer  under section  19B with  respect  to such  land  has been  deposited under  sub-
section (1) of section 19C with the Land Acquisition Officer by the State Government,
the  Land  Acquisition  Officer  may  by  notice  in  writing  direct  the  owner  as  well  as
any  other  person  who  may  be  in  possession  of  such  land  to  surrender  or  deliver
possession thereof to the Land Acquisition Officer or any person duly authorised by
him  in  this  behalf  within  sixty  days  of  the  service  of  the  notice.

(2)  if  any  person  refuses  or  fails  to  comply  with  any  direction  made  under  sub-

section  (1),  the  Land  Acquisition  Officer  shall  apply—

(a) in case of the land situated in any area falling within the metropolitan area

to  the  Commissioner  of  Police ;

(b)  in  case  of  the  land  situated  in  any  area  other  than  the  area  referred  to  in

clause  (a),  to  the  Collector  of  a  District ;  and

such Commissioner or Collector, as the case may be, shall enforce the surrender
of the land, to the Land Acquisition Officer or to the person duly authorised by him.

Right  to
enter  into
land  where
land  vested
in  State
Government.

19A. Where the land has been vested in the State Government under section 18,
it shall be lawful for the Land Acquisition Officer or any person authorised by him
in  this  behalf,  to  enter  and  do  other  act  necessary  upon  the  land  for  carrying  out
the building maintenance, management or operation of a highway or a part thereof,
or  any  other  work  connected  therewith.

Determina-
tion  of
amount
payable  as
compensa-
tion.

19B. (1) Where any land is acquired by the State Government under this chapter
there  shall  be  paid  an  amount  of  compensation  which  shall  be  determined  in
accordance  with  the  provisions  of  this  section.

(2)  Where  the  amount  of    compensation  has  been  determined  by  agreement
between  the  State  Government  and  the  person  to  be  compensated,  it  shall  be
determined  in  accordance  with  such  agreement.

(3)  Where  no  such  agreement  can  be  reached,  the  State  Government  shall  refer
the case to the Land Acquisition Officer for determination of the amount of compen-
sation to be paid for such acquisition and also the person or persons to whom such
compensation  shall  be  paid :

Provided that, no compensation exceeding such amount as the State Government
may by general  order specify, shall be  determined by the Land  Acquisition Officer
without the previous approval of the State Government or such Officer as the State
Government  may  appoint  in  this  behalf.

1955 : Bom. LV]

Maharashtra Highways Act

11

(4)  Notwithstanding  anything  contained  in  sub-section  (3),  if,  after  the  case  is
referred  to  the  Land  Acquisition  Officer  under  the  said  sub-section  (3)  but  before
he  finally  determined  the  amount  of  compensation,  such  amount  is  determined  by
agreement  between  the  State  Government  and  the  person  to  be  compensated,  the
compensation  shall  be  determined  by  the  Land  Acquisition  Officer  in  accordance
with  such  agreement.

(5) Where  the  right of  user of any  right in the  nature of  an easement  on any  land
is  acquired  under  this  Act,  there  shall  be  paid,  to  the  owner  and  any  other  person
whose  right  of  enjoyment  in  that  land  has  been  affected  in  any  manner  whatsoever
by  reason  of  such  acquisition,  an  amount  calculated  at  ten  per  cent.  of  the  amount
determined under sub-section (2) or sub-section (3), as the case may be,  for that land.
(6)  Before  proceeding  to  determine  the  amount  under  sub-section  (3)  or  sub-
section (5), the Land Acquisition Officer shall give a public notice published in two
local  newspapers,  one  of  which  shall  be  in  a  vernacular  language,  inviting  claims
from  all  persons  interested  in  the  land  to  be  acquired.

(7) Such notice shall state the particulars of the land and shall require all persons
interested in such land to appear in person or by an agent or by a legal practitioner
referred  to  in  sub-section  (2)  of  section  17  before  the  Land  Acquisition  Officer,  at
a  time  and  place,  and  to  state  the  nature  of  their  respective  interest  in  such  land.
(8)  If  the amount  determined  by  the  Land  Acquisition Officer  under  sub-section
(3) or sub-section (5) is not acceptable to either of the parties, the amount shall, on
an application by either of the parties, be determined by the arbitrator to be appointed
by  the  State  Government.

26 of
1996.

(9)  Subject  to  the  provisions  of  this  Act,  the  provisions  of  the  Arbitration  and

Conciliation  Act,  1996  shall  apply  to  every  arbitration  under  this  Act.

(10) The Land Acquisition Officer or the arbitrator while determining the amount
under  sub-section  (3)  or  sub-section  (8),  as  the  case  may  be,  shall  take  into
consideration,—

(a)  the  market  value  of  the  land  on  the  date  of  publication  of  the  notification

under  section  15 ;

(b) the damage, if any, sustained by the person interested at the time of taking
possession  of  the  land,  by  reason  of  the  severing  of  such  land  from  other  land ;
(c) the damage, if any, sustained by the person interested at the time of taking
possession of the land, by reason of the acquisition injuriously affecting his other
immovable  property  in  any  manner,  or  his  earnings ;

(d)  if,  in  consequences  of  the  acquisition  of  the  land,  the  person  interested  is
compelled to change his residence or place of business, the reasonable expenses,
if  any,  incidental  to  such  change.
19C.

(1)  The  amount  determined  under  section  19B  shall  be  deposited  by  the
State  Government,  in  the  prescribed  manner,  with  the  Land  Acquisition  Officer
before  taking  possession  of  the  land.

(2) As soon as may be after the amount has been deposited under sub-section (1),
the  Land  Acquisition  Officer  shall  on  behalf  of  the  State  Government  pay  the
amount  to  the  person  or  persons  entitled  thereto.

(3)  Where  several  persons  claim  to  be  interested  in  the  amount  deposited  under
sub-section (1), the Land Acquisition Officer shall determine the persons who in his
opinion  are  entitled  to  receive  the  amount  payable  to  each  of  them.

Deposit  and
payment  of
amount.

12

Maharashtra Highways Act

[1955 : Bom. LV

(4) If any dispute arises as to the apportionment of the amount or any part thereof
or  to  any  person  to  whom  the  same  or  any  part  thereof  is  payable,  the  Land
Acquisition Officer shall refer the dispute to the decision of the principal civil court
of  original  jurisdiction  within  the  limits  of  whose  jurisdiction  the  land  is  situated.

(5)  Where  the  amount  determined  under  sub-section  (8)  of  section  19B  by  the
arbitrator  is  in  excess  of  the  amount  determined  by  the  Land  Acquisition  Officer,
the arbitrator may award interest at nine per cent. per annum on such excess amount
from the date of taking possession under section 19 till the date of the actual deposit
thereof.

(6)  Where  the  amount  determined  by  the  arbitrator  is  in  excess  of  the  amount
determined  by  the  Land  Acquisition  Officer,  the  excess  amount  together  with  an
interest,  if  any,  awarded  under  sub-section  (5),  shall  be  deposited  by  the  State
Government,  in  the  prescribed  manner,  with  the  Land  Acquisition  Officer  and  the
provisions  of  sub-sections  (2)  to  (4)  shall  apply  to  such  deposit.

Land
Acquisition
officer  to
have certain
powers  of
civil  court.

19D. The  Land  Acquisition  Officer  shall  have,  for  the  purposes  of  this  Act,  all
the  powers  of  a  civil  court  while  trying  a  suit  under  the  Code  of  Civil  Procedure,
1908,  in  respect  of  the  following  matters,  namely  :—

5  of
1908.

(a) summoning and enforcing the attendance of any person and examining him

on  oath ;

(b)  requiring  the  discovery  and  production  of  any  document ;

(c)  reception  of  evidence  on  affidavits ;

(d)  requisitioning  any  public  record  from  any  court  or  office ;

(e)  issuing  commission  for  examination  of  witnesses.

19E. Nothing  in  the  Land  Acquisition  Act,  1894  shall  apply  to  an  acquisition

under  this  Act.]

I  of
1894.

CHAPTER  IV

Prevention  of  unauthorised  occupation  of,  and  encroachment  on,  a
highway  and  removal  of  encroachment.

20. All  lands  forming  part  of  a  highway  which  do  not  already  vest  in  the  State
Government  shall,  for  the  purpose  of  this  Chapter,  be  deemed  to  be  the  property
of  the  State  Government.

Land
Acquisition
Act, 1894 not
to  apply.

Lands
forming
part  of
highway
deemed to be
Government
property.

1955 : Bom. LV]

Maharashtra Highways Act

13

21. (1) No person shall occupy or encroach on any highway within the highway
boundaries  without  obtaining  the  previous  permission  in  writing  of  the  Highway
Authority  or  an  officer  authorized  in  this  behalf  by  the  Highway  Authority.

Prevention
o f
unauthorized
occupation
of  highway.

(2)  The  Highway  Authority  or  an  officer  authorized  by  the  Highway  Authority
in  this  behalf  may,  with  due  regard  to  the  safety  and  convenience  of  traffic  and
subject to  such conditions as may  be imposed and  such rules as may  be prescribed
by the  State Government, and on  payment of such rent  or other charges as  may be
prescribed  under  such  rules,  permit  any  person,—

(i) to place a temporary encroachment on any highway in front of any building

owned  by  him  or  make  a  temporary  structure  overhanging  the  highway,  or

(ii)  to  put  up  a  temporary  awning  or  tent,  pandal  or  other  similar  erection  or

a  temporary  stall  or  scaffolding  on  any  highway,  or

(iii)  to  deposit  or  cause  to  be  deposited  building  materials,  goods  for  sale  or

other  articles  on  any  highway,  or

(iv)  to  make  a  temporary  excavation  for  carrying  out  any  repairs  or

improvements  to  adjoining  building  :
Provided  that  no  such  permission  shall  be  deemed  to  be  valid  beyond  a  period
of  one  year  unless  expressly  renewed  by  the  Highway  Authority  or  the  authorized
officer.

(3)  The  permission  so  granted  shall  clearly  specify  the  date  up  to  which  the
person  is  authorized  to  occupy  the  highway,  the  purposes  for  which  occupation  is
authorized and the exact portion of the highway permitted to be occupied and shall
also be accompanied by a plan or sketch of that portion of the highway, if necessary.

(4) The  person in  whose favour such  a permission has  been given  shall produce
the permit for inspection whenever called upon to do so by the Highway Authority
or  any  officer  by  a  general  or  special  order  empowered  in  that  behalf  and  shall  at
the end of the period specified in the permit release the land occupied by him after
restoring  it  to  the  same  state  as  before  the  occupation  by  him.

(5)  The  Highway  Authority  or  the  officer  issuing  the  permission  shall  maintain
a complete record of all such permissions issued and shall also cause a check-up to
be  made  in  every  case  at  the  expiration  of  the  period  up  to  which  occupation  has
been  authorized  to  ensure  that  the  land  has  actually  been  vacated.

22.

(1)  The  Highway  Authority  may  cancel  any  permission  granted  under

section 21—

(a)  if  any  rent  or  charge  is  not  duly  paid,
(b)  if  the  purpose  for  which  the  permission  was  given  has  ceased  to  exist,
(c) in the event of any breach by the holder of such permission or of any terms

or  conditions  of  such  permission,

(d) if the land on which such encroachment has been made is required for any
public purpose or such encroachment is causing impediment or danger to traffic.

(2)  Where  the  permission  has  been  cancelled  under  clause  (b)  or  (d)  of  sub-
section  (1)  any  rent  or  charge  paid  in  advance  shall  be  refunded  to  the  holder  of
such  permission  less  the  amount,  if  any,  due  to  the  State  Government.
H  509-3

Power  to
cancel
permit.

14

Maharashtra Highways Act

[1955 : Bom. LV

Prevention
o f
encroach-
ment.

23.

(1) When as a result of check of  highway boundaries made or otherwise  it
transpires that an encroachment has taken place on a highway the Highway Authority
or the officer authorized under sub-section (1) of section 21 shall serve a notice on
the  person  responsible  for  the  encroachment  or  his  representative  requiring  him  to
remove such encroachment and restore the land to its original conditions before the
encroachment  within  the  period  specified  in  the  notice.

(2)  The  notice  shall  specify  the  land  encroached  upon  and  the  time  limit  within
which  such  encroachment  shall  be  removed  and  shall  also  state  that  failure  to
comply within the specified period shall render the person liable to prosecution and
also  to  summary  eviction.

(3)  If  the  encroachment  is  not  removed  within  the  time-limit  specified  in  the
notice  and  no  valid  cause  is  shown  for  non-compliance,  the  Highway  Authority  or
the  authorized  officer  referred  to  in  sub-section  (1)  may  prosecute  such  person
before  the  appropriate  Magistrate  for  his  having  made  or  caused  the  encroachment
and  for  his  failure  to  remove  it  within  the  specified  time.

(4) Where the encroachment is made for the purpose of exposing articles for sale,
opening  temporary  booths  for  vending  or  other  like  purpose  of  a  trival  nature  the
Highway Authority or the authorized officer referred to in sub-section (1) may with
the  help  of  the  police,  if  necessary,  have  such  encroachment  summarily  removed
without issuing a notice as required by sub-section (1), or in lieu of removal of the
encroachment,  may  give  the  person  responsible  for  the  encroachment  option  of
executing  a  lease  in  favour  of  the  Highway  Authority  on  payment  of  rent  for  the
area  encroached  upon.

(5)  When the  encroachment is  of a  temporary nature  and can  easily be  removed
but is not such as can be described as trivial within the meaning of sub-section (4),
the  Highway  Authority  or  the  authorized  officer  referred  to  in  sub-section  (1)  may
in addition to or in lieu of prosecuting the person responsible for the encroachment
under sub-section (3)  have the encroachment summarily removed with the assistance
of  the  police,  if  necessary.

(6)  Where  the  encroachment  is  of  such  a  nature  that  its  immediate  removal  is,
considered essential in the interests of safety of traffic, on the highway or the safety
of any structure forming part of the highway, the Highway Authority or the authorized
officer  referred  to  in  sub-section  (1)    may,  in  addition  to  prosecution  of  the  person
under  sub-section  (3),  either—

(i) have such protective work, as may be feasible at a reasonable cost, carried

out  so  as  to  minimise  the  danger  to  traffic  on  the  highway,  or

(ii) have  the  encroachment  removed  with  the  help  of  the  police,  if  necessary.

24. Where the  person  on  whom  notice  to  remove  an  encroachment  has  been
served  under  sub-section (1) of  section  23  lays  claim  that  the  land  in  respect  of
which encroachment has been alleged is his property or that he has acquired a right
over  it  by  virtue  of  adverse  possession  or  otherwise  he  shall  within  the  time-limit
prescribed  in  the  notice  for  the  removal  of  the  encroachment,  file  an  appeal  before
the  Collector  under  intimation  to  the  Highway  Authority  or  the  officer  authorized
under  sub-section (1) of  section  21,  as  the  case  may  be.  The  Collector  shall  after
due  enquiry  record  his  decision  in  writing  and  communicate  the  same  to  the
appellant  and  the  Highway  Authority  or  such  officer.  The  Highway  Authority  to
such  officer  shall  till  then  desist  from  taking  further  action  in  the  matter.

Appeal
against
notice
served under
sub-section
(1)  of
section  23.

1955 : Bom. LV]

Maharashtra Highways Act

15

25.

(1)  Whenever  the  Highway  Authority  or  the  officer  authorized  under  sub-
section  (1)  of  section  21  has  under  the  provisions  of  section  23  removed  any
encroachment  or  carried  out  any  protective  work  in  respect  of  any  encroachment,
the  expenditure  involved  shall  be  recovered  from  the  person  responsible  for  the
encroachment  in  the  manner  hereinafter  provided.

Recovery  of
cost  of
removal  of
encroach-
ment.

(2) A bill, representing the expenditure incurred shall be served by the Highway
Authority  or  the  authorized  officer  referred  to  in  sub-section  (1)  on  the  person
responsible for the encroachment or his representative with a direction to pay up the
amount  within  a  specified  period  to  the  authority  mentioned  in  the  bill.

(3)  The  bill  shall  be  accompanied  by  a  certificate  from  the  Highway  Authority
or the  authorized officer  referred to  in sub-section  (1)  to the  effect  that the  amount
of  expenditure  indicated  in  the  bill  represents  the  charges  incurred  and  such  a
certificate  shall  be  conclusive  proof  that  the  charges  had  actually  been  incurred.

(4) The materials, if any, recovered as a result of the removal of any encroachment
shall be handed over to the person responsible for the encroachment on payment of
the  amount  of  the  bill  by  him  but  in  the  event  of  his  failure  to  pay  up  the  amount
within the  specified period,  the materials may  be auctioned  and after  deducting the
amount of the bill from the procceds, the balance, if any, shall be made over to such
person.

(5)  If  the  proceeds  of  the  auction  sale  do  not  cover  the  total  amount  billed  for,
the  excess  over  the  amount  realised  by  the  sale  of  materials,  or  if  there  are  no
materials  to  dispose  of  and  the  billed  amount  has  not  been  paid  by  the  person
responsible  for  the  encroachment  within  the  specified  period,  the  entire  amount  of
the  bill  shall  be  recovered  from  such  person  as  an  arrear  of  land  revenue.

CHAPTER  V

Compensation.

26. In the exercise of the powers under the following provisions by the Highway
Authority  or  any  officer  or  servant  appointed  under  section  6  or  any  other  person
authorised by or under this Act by the State Government as little damage as can be
shall be done and compensation in the manner prescribed by or under this Act shall
be paid to any person who sustains damage in consequence of the exercise of such
powers,  namely  :—

Doing
minimum
damage  in
certain  cases
and  com-
pensation.

(a)  the  imposition  of  restrictions  under  section  9 ;
(b)  the  setting  back  of  any  building  or  part  thereof  under  section  12 ;
(c)  the  regulation  or  diversion  of  any  right  of  access  to  a  highway  under

section  13 ;

(d)  the  entry,  survey,  measurement  and  doing  of  any  of  the  acts  on  any  land

under  section  14 ;

1

*

*
(f)  the  closure  of  any  highway  or  part  thereof  under  section  52.

*

*

*

*

27. The amount of compensation payable under section 26, the persons to whom
it is to be paid and the apportionment of such amount among the persons interested
therein  shall  be  determined  by  agreement  between  the  Highway  Authority  or  any
officer  authorised  by  the  State  Government  and  the  person  or  persons  claiming
interest  therein.

Determina-
tion  of
amount  of
compensa-
tion  by
agreement.

1  Clause  (e)  was  deleted  by  Mah.  37  of  1999,  s.  3.

Determina-
tion  of
amount  of
compensa-
tion  in
default  of
agreement.

No compen-
sation  if
restrictions
in  force
under  any
other law  or
if compensa-
tion  already
received.

Compensa-
tion  for
refusal  of
permission
to build not
to  exceed
difference
between  its
value  when
it  was
refused  and
when  it
would  have
been granted.

Compensa-
tion  for
diversion of
access not to
exceed  cost
of alternative
access.

Compensa-
tion  for
cutting  of
standing
crops,  trees,
etc.

16

Maharashtra Highways Act

[1955 : Bom. LV

28.

(1)  In  default  of  any  agreement  under  section  27,  the  Highway  Authority
or  the  officer  authorised  by  the  State  Government  shall,  subject  to  the  provisions
of  this  Act,  after  holding  an  enquiry,  make  an  award  determining—

1

*

*

*

*

*

*

*

(b)  the  amount  of  compensation  to  be  paid  under  section  26,
(c) the apportionment, if any, of such compensation among all persons known

or  believed  to  be  entitled  thereto  :
2[Provided  that,  no  award  allowing  compensation  exceeding  such  amount  as  the
State Government may, by general order, specify shall be made without the previous
approval  of  the  State  Government  or  such  officer  as  the  State  Government  may
appoint  in  this  behalf.]

3

*

*

*

*

*

*

29. No  compensation  shall  be  awarded,—

(i)  if  and  in  so  far  as  the  land  is  subject  to  substantially  similar  restriction  in
force  under  some  other  law  which  was  in  force  on  the  date  on  which  the
restrictions  were  imposed  by  this  Act ;

(ii) if compensation in respect of the same restrictions imposed under this Act
or substantially similar restrictions in force under any other law has already been
paid  in  respect  of  the  land  to  the  claimant  or  to  any  predecessor  in  interest  of
the  claimant.

30. When  permission  to  erect  any  building  has  been  refused  under  section  9  or
10,  the  amount  of  compensation  shall  not  exceed  the  difference  between  the  value
of  the  land  as  determined  by  section 4[19B  of  this  Act] 5  *
and  the  value  which  it  would  have  had  if  the  permission  had  been  granted.  In
determining such value any restrictions to which the land is subject under any other
law for the time being in force in regard to the right of person claiming compensation
to erect a building on the land or otherwise to use, hold or dispose of the same shall
be  taken  into  consideration.

*

*

31. Where the right of access to a highway has been destroyed as a result of the
diversion or closure thereof and an alternative access has been given, the amount of
compensation shall in no case exceed the cost of laying a new means of access from
the  property  of  the  claimant  to  such  alternative  route.

32.

(1)  At  the  time  of  an  entry,  survey  or  measurement  or  doing  of  any  of  the
things  under  section  14,  the  officer  making  the  entry,  survey  or  measurement  or
doing  any  other  thing  shall  pay  or  tender  to  any  person  entitled  compensation  for
all necessary damage done as a result of such entry, survey, measurement or execution
of  the  work,  including  the  cutting  of  standing  crops,  trees,  or  removal  of
temporary  structures,  if  any,  on  the  land.  If  the  sufficiency  of  the  amount  so  paid

1  Clause  (a)  was  deleted  by  Mah.  37  of  1999,  s.  4  (a).
2  This  proviso  was  added  by  Mah.  42  of  1965,  s.  7.
3  Sub-section  (2)  was  deleted  by  Mah.  37  of  1999,  s.  4  (b).
4  The  figures,  letter  and  words  were  substituted  for  the  figures  and  words  “23  or  24  of  the  Land

  Acquisition  Act,  1894”,

ibid., s.  5.

5  The  words  “as  amended  by  the  Schedule  to  this  Act”  were  deleted, by  Mah.  42  of  1965, s.  3.

1955 : Bom. LV]

Maharashtra Highways Act

17

or  tendered  is  disputed,  the  officer  concerned  shall  at  once  refer  the  dispute  to  the
Highway  Authority  and  the  said  Authority  shall  with  the  least  practicable  delay
decide  the  dispute  and  pay  to  the  person  entitled  the  amount  determined  as
compensation.  The  decision  of  the  Highway  Authority  shall  be  final.

(2) If at the time of taking possession of the land under section 19 there are any
standing  crops,  trees  or  temporary  structures  on  the  land,  the  Highway  Authority
shall  pay  or  tender  to  the  person  entitled  the  amount  of  compensation  for  such
standing  crops,  trees  or  temporary  structures.  If  the  sufficiency  of  such  amount  is
disputed, the value of such crops, trees and temporary structures shall be taken into
consideration in determining the amount of compensation for the land under 1[section
19B].

33.

If  any  person  has  unauthorisedly  erected,  re-erected,  added  or  altered  any
building  on  any  land  which  is  acquired  for  the  purpose  of  a  highway,  then  any
increase in the value of the land from such erection, re-erection, addition or alteration
shall  not  be  taken  into  account  in  estimating  the  value  of  the  land.

No  compen-
sation  for
unauthorised
erections.

34. No  compensation  shall  be  payable  for  the  removal  of  any  encroachment.

35.

2[(1)  Any  person  aggrieved  by  the  award  of  the  Highway  Authority,  or  the
Officer  authorised  under  section  28,  shall  by  a  written  application  to  the  Highway
Authority, or such officer, require that the matter be referred, to arbitrator appointed
under  sub-section  (8)  of  section  19B.]

(2)  Any  such  application  shall  be  made  within  six  weeks  from  the  date  of  the

award,  and  shall  be  in  such  form  as  may  be  prescribed.
*

(3) 3[  *
(4)  The  Highway  Authority  or  the  Officer  authorised  shall  make  the  reference

*

*

*

*

*

*

in  such  manner  as  may  be  prescribed.

V  of
1908.

36.

(1)  Reference  under  sections  35  and  44  shall  be  deemed  to  be  proceedings
within  the  meaning  of  section  141  of  the  Code  of  Civil  Procedure,  1908,  and  in
the  trial  thereof  the  authorities  empowered  to  decide  such  references  may  exercise
all  the  powers  of  a  civil  court  under  that  Code.

(2)  The  scope  of  the  enquiry  in  a  reference  under  section  35  or  44  shall  be
restricted  to  a  consideration  of  the  matters  referred  to  the  authorities  mentioned  in
sub-section  (1)  in  accordance  with  the  provisions  of  this  Act.

*

*

4 *

37.

If  the  Highway  Authority  or  any  officer  or  servant  is  opposed  or  impeded
*    in  executing  any  work  or  in  removing  any
encroachment under this Act, the Highway Authority or officer or servant concerned
shall  apply  in  Greater  Bombay  to  the  Commissioner  of  Police,  and  elsewhere,  to
the District Superintendent of Police or such Police Officer as the State Government
may  empower  in this  behalf,  and  the  Commissioner,  the District  Superintendent  or
the officer so empowered shall enforce the surrender, removal or execution, as  the
case  may  be.

1  The  word,  figures  and  letter  was  substituted  for  the  words  and  figures  “section  28”  by  Mah. 37

  of  1999,  s.  6.

2  This  sub-section  was  substituted,
3  Sub-section  (3)  was  deleted,
4  The  words  “in  taking  possession  of  any  land  or”  were  deleted,

ibid., s.  7  (b).

ibid., s.  7  (a).

ibid., s.  8.

No  compen-
sation  for
removal  of
encroach-
ment.

Reference
against
award  of
Highway
Authority  or
authorised
officer under
section  28.

Procedure
and  powers
of  the
authorities
empowered
to  decide
references
under
sections  35
and  44.

Commi-
ssioner  of
Police  or
District
Superin-
tendent  of
Police  to
enforce,
surrender  or
remove  any
encroachment.

Decisions
of authorities
under
sections  35
and  44  to
be  enforced
as decrees of
civil  court.

Payment  of
compensa-
tion
awarded.

18

Maharashtra Highways Act

[1955 : Bom. LV

38. The  decisions  of  the  authorities  empowered  to  decide  references  under

sections  35  and  44  shall  be  enforceable  as  a  decree  of  a  civil  court.

39.

(1)  On  the  determination  of  compensation  by  agreement  under  section  27,

or

(2)  on  the  making  of  an  award  under  section  28,  or
(3) if a reference is made under section 35 against such award, after the decision

of  the  Authority  under  that  section,
the  Highway  Authority  shall  make  the  payment  of  the  compensation  awarded  to
the  person  entitled  thereto  in  accordance  with  the  agreement,  its  award  or  the
decision  of  the  Authority  empowered  to  decide  references  under  section  35,  as  the
case may be.  1[The provisions of section 19C shall, mutatis mutandis, apply to such
payment].

Payment  by
adjustment.

40. All payments due to be made to any person by way of compensation by the
Highway  Authority under  this  Act shall,  as  far  as possible,  be  made by  adjustment
in such person’s account regarding betterment charges, if any, due from such person
under  Chapter  VI.

CHAPTER    VI
Levy  of  Betterment  Charges.

Notice  to
owners  and
persons
interested.

Inquiry  and
order.

41. Where  any  work  which  the  Highway  Authority  is  empowered  to  undertake
by  or  under  the  provisions  of  this  Act  is  undertaken,  the  officer  authorised  by  the
State Government in this behalf shall give notice to the persons known or believed
to be the owners of or interested in the lands benefited by such work requiring them
to  appear  before  him  either  personally  or  by  an  agent  at  a  time  and  place  therein
mentioned (such time not being earlier than 30 days from the date of notice) to start
their  objections,  if  any,  to  the  imposition  and  recovery  of  betterment  charges  on
such  lands  :

Provided  that  no  notice  shall  be  given  unless  the  Collector  with  the  previous
sanction of the State Government has declared that the value of such lands is likely
to  increase  or  has  increased  by  reason  of  the  construction  of  such  work.

42. On the date fixed under section 41 or on such other date to which the inquiry
may  be  adjourned,  the  officer  authorised  under  section  41  shall,  after  holding  a
formal  inquiry  and  after  hearing  the  objections,  if  any,  stated  by  the  persons  as
required  by  notice  under  section  41,  make  an  order.  The  order  shall  specify,—

(a)  the  lands  benefited  by  the  construction  of  the  work,
(b)  the  increase  in  the  value  of  such  lands  by  the  proposed  construction,
(c)  the  amount  of  the  betterment  charges  leviable  on  each  of  the  said  lands,
(d)  the  date  from  which  such  betterment  charges  shall  be  leviable  :

Provided  that  no  betterment  charges  shall  be  leviable  in  respect  of  any  land—

(a)  which  is  unsuitable  for  development  as  a  building  site,  or
(b)  which  is  situate  beyond  a  distance  of  one  furlong  from  the  middle  of  the

highway  on  either  side.

1  These  words  were  substituted  for  the  portion  begining  with  the  words  “The  provision  of  sections”

and  ending  with  the  words  “apply  to  such  payment.”,  by  Mah. 37of  1999,  s.  9.

1955 : Bom. LV]

Maharashtra Highways Act

19

43. The  increase  in  value  on  account  of  the  construction  of  such  work  shall  be
the  amount  by  which  the  value  of  the  land  on  the  date  of  the  completion  of  the
proposed work is likely to exceed or has exceeded the value of the land on the date
of the commencement of the said work and the betterment charges shall be one-half
of  such  increase  in  value.

Increase  in
value  and
betterment
charges.

Explanation.—For  the  purposes  of  this  section,  the  State  Government  shall,  by

notification  in  the Official  Gazette, specify—

(a)  the  date  of  commencement  of  the  construction  of  any  work,

(b)  the  date  of  completion  of  such  work.

44.

(1)  Any  person  aggrieved  by  the  order  fixing  the  betterment  charges  may,
by  a  written  application  to  the  officer  authorised  under  section  41,  require  that  the
matter  be  referred,  if  the  land  in  relation  to  which  the  order  is  made  is  situate,—

(i)  in  Greater Bombay,  to  the  Principal Judge  of  the  City  Civil Court  or  such
other  Judge  of  the  said  Court  as  may  be  nominated  by  the  State  Government  in
consultation  with  the  Principal  Judge ;  and

(ii)  elsewhere,  to  the  Civil  Judge  (Senior  Division)  of  the  district  within  the

limits  of  whose  jurisdiction  the  land  is  situate.

(2) Any such application shall be made within six weeks from the date on which
the  order  of  the  officer  referred  to  in  sub-section  (1)  was  communicated  to  such
person  and  shall  be  in  such  form  as  may  be  prescribed.

IX of
1908.

(3)  The  provisions  of  sections  5,  12  and  14  of  the  Indian  Limitation  Act,  1908,
shall apply to the computation of the time fixed for reference under sub-section (2).

(4)  The  Officer  authorised  under  section  41  shall  make  the  reference,  in  such

manner  as  may  be  prescribed.

45. The  order  fixing  the  betterment  charges  made  under  section  42,  subject  to
a  reference  to  the  Authority  under  section  44  and  the  decision  of  the  Authority  on
reference  under  section  44,  shall  be  final.

46. From the date specified in the order fixing the betterment charges as the date
from  which  such  charges  shall  be  leviable,  or  from  such  date  as  may  be  otherwise
specified by the Authority under section 44 as the date from which such charge shall
be leviable, the betterment charges recoverable in respect of any land shall, subject
to  the  prior  payment  of  the  land  revenue,  if  any,  due  to  the  State  Government
thereon,  be  a  first  charge  on  the  land  in  respect  of  which  such  betterment  charges
are  leviable.

Reference
against order
of authorised
officer under
section  42.

Finality  of
order  fixing
betterment
charges  and
of  decision
on reference.

Betterment
charges  to
be  first
charge  on
land  next  to
land revenue.

47. The  betterment  charges  shall  be  payable  on  the  date  fixed  under  the  rules

made  by  the  State  Government  under  section  71  :

Payment  of
betterment
charges.

Provided  that  the  owner  of  the  land  in  which  such  charges  are  imposed  may
execute an agreement in favour of the State Government agreeing to pay the amount
of such charges by annual instalments together with interest at such rate and within
such  period  as  may  be  prescribed.

20

Maharashtra Highways Act

[1955 : Bom. LV

Relinquish-
ment  of  or
exchange of
land  in  lieu
of  payment
of  better-
ment charges

48. Notwithstanding  anything  contained  in  section  47,  the  State  Government
may  allow  the  owner  of  the  land  on  which  the  betterment  charges  may  be  payable
to  relinquish  the  whole  or  any  part  of  the  land  or  to  deliver  it  in  exchange  in  lieu
of  payment  of  the  charges,  in  favour  of  the  State  Government  on  such  conditions
as  may  be  prescribed  :

Provided  that  no  such  relinquishment  or  exchange  shall  be  permitted  unless  the

land  is  free  from  encumbrances.

1[Prevention
of  danger
arising from
obstruction
of  veiw, etc.
of  persons
using  any
highway.]

Highway
Authority
to  regulate
traffic when
highway
declared
unsafe.

Prohibition
of  use  of
heavy
vehicles  on
certain
highways.

CHAPTER  VII

Supplemental  provisions  to  secure  safety  of  traffic  and  prevention  of
damage  to  highways.

49.

(1)  Whenever  the  Highway  Authority  is  of  opinion  that  it  is  necessary  for
the prevention  of danger  arising from obstruction  of the view  of persons  using any
highway 2[or  from  distraction  of  attention  of  such  persons],  especially  at  any  bend
or  corner  of  the  highway,  it  may,  save  as  otherwise  provided  in  section  11,  serve
a  notice  upon  the  owner  or  occupier  of  land  alongside  or  at  the  bend  or  corner  of
such  highway  to  alter within  such  time  and  in  such  manner  as may  be  specified  in
the  notice,  the  height  or  character  of  any  existing  wall  (not  being  a  wall  forming
part  of  a  permanent  structure),  fence,  hedge,  tree,  advertisement  post,  bill  board  or
any  other  object  thereon,  so  as  to  cause  it  to  conform  with  any  requirements
specified  in  the  notice.

(2)  If  any  person  upon  whom  a  notice  has  been  served  under  sub-section  (1)
objects  to  comply  with  any  requirement  of  such  notice,  he  may,  within  one  month
of  its  receipt,  send  to  the  Highway  Authority  his  objection  in  writing  stating  the
grounds  thereof.

(3) The Highway Authority shall, within one month of the receipt of the objection
consider  the  grounds  advanced  and  shall,  by  order  in  writing,  either  withdraw  the
notice  or  amend  or  confirm  it.

(4)  If a  person  is aggrieved  by an  order  issued by  the  Highway Authority  under
sub-section  (3),  he  may  prefer  an  appeal  within  15  days  from  the  date  when  such
order was communicated to him, to the Collector whose decision in the matter shall
be  final.

(5) If any person fails to comply with the notice served on him under sub-section
(1)  as  amended  or  confirmed,  as  the  case  may  be,  under  sub-section  (3),  the
Highway  Authority  may  take  action  to  alter  the  object  causing  obstruction  of  view
3[or  distraction  of  attention]  at  its  own  expense,  and  such  expenditure  shall  be
recovered from such person in accordance with the provisions of section 25, without
prejudice  to  any  other  action  which  may  be  taken  against  him.

50.

If  at  any  time  it  appears  to  the  Highway  Authority  that  any  highway  in  its
charge  or  any  protion  thereof  is  or  has  been  rendered  unsafe  for  vehicular  or
pedestrain  traffic  by  reason  of  damage  or  otherwise,  it  may,  subject  to  such  rules
as  may  be  prescribed  in  this  behalf,  either  close  the  highway  or  the  portion  of  it
to  all  traffic  or  to  any  class  of  traffic,  or  regulate  the  number  and  speed  or  weight
of  vehicles  using  the  highway.

51. Where  the  Highway  Authority  is  satisfied  that  any  highway  or  a  portion
thereof,  or  any  bridge,  culvert  or  causeway  built  on  or  across  any  highway,  is  not
designed to carry vehicles of which the laden weight exceeds such limit as may be
fixed in this behalf, it may, subject to such rules as may be prescribed in that behalf,
prohibit or restrict the plying of such vehicles on or over such highway or such part
of  the  highway  or  such  bridge,  culvert  or  causeway.

1  This  marginal  note  was  substituted  for  the  original,  Mah.  42  of  1965,  s.  8  (c).
2  These  words  were  inserted ibid., s.  8  (a).
3  These  words  were  inserted ibid., s.  8  (b).

1955 : Bom. LV]

Maharashtra Highways Act

21

52.

(1)  Where  in  exercise  of  the  powers  conferred  on  it  by  section  50  the
Highway Authority desires permanently to close down any highway or part thereof,
it shall give notice of its intention so to do in the Official Gazette. The notification
shall  also  be  published  in  at  least  two  newspapers,  one  of  which  shall  be  in  the
regional  language  of  the  place  in  which  the  highway  is  situated.

(2)  The  notice  shall  indicate  the  alternative  route,  if  any,  which  is  proposed  to
be  provided  or  which  may  already  be  in  existence  and  shall  also  invite  objections,
if  any,  to  the  proposal  to  be  submitted  within  such  time  as  may  be  specified.

(3) The Highway Authority shall finalise its proposal to close down any highway
or  part  of  it  after  considering  the  objections,  if  any,  received  within  the  specified
time  and  shall  submit  the  final  proposal  to  the  State  Government  for  approval
together  with  such  objections  as  may  have  been  received  against  the  proposal.

(4)  The  State  Government  may  either  approve  the  proposal,  with  or  without

modifications  or  reject  it.

(5)  When  the  State  Government  has  approved  the  proposal  it  shall  publish  its

orders  in  the Official  Gazette.

(6) When the orders of the State Government have been published in the Official
Gazette the Highway Authority shall arrange for further publicity to be given to the
order  in  at  least  two  newspapers  one  of  which  shall  be  in  the  regional  language  of
the place in which such highway is situate and the highway or part thereof shall then
be  closed.

(7)  Whenever  any  highway  or  any  part  thereof  has  been  so  closed,  reasonable
compensation  shall  be  paid  to  every  person  who  was  entitled,  otherwise  than  as  a
mere member of the public, to use such highway or part thereof as a means of acces
to  or  from  his  property  and  has  suffered  damage  for  such  closure.

53.

(1) Notwithstanding anything contained in any other enactment for the time
being  in  force  but  subject  to  the  provisions  of  section  72  no  person  other  than  the
Highway Authority or any person authorised by it shall construct or carry any cable,
wire,  pipe,  drain,  sewer  or  channel  of  any  kind  through,  across,  under  or  over  any
highway,  except  with  the  permission  in  writing  of  the  Highway  Authority.

(2) In giving its consent, the Highway Authority may impose such conditions as
it  may  deem  to  be  necessary,  and  may  also  impose  a  rent  or  other  charge  for  any
land  forming  part  of  the  highway  occupied  by  or  applied  to  the  proposed  work.
(3)  If  any  person  constructs  or  carries  out  any  work  in  contravention  of  sub-
section  (1),  the  Highway  Authority  may  arrange  for  the  removal  of  such  work  and
restoration of the highway to its former condition in accordance with the provisions
of section 23 as if the work constituted an encroachment on the highway, and such
expenses  as  the  Highway  Authority  may  incur  for  this  purpose,  shall,  without
prejudice  to  any  other  action  that  may  be  taken  against  such  person,  be  recovered
from him  in accordance with the  procedure provided in section  25 in so far  as that
procedure  is  applicable.

54.

(1)  No  person  shall  wilfully  cause,  or  allow  any  vehicle  or  animal  in  his

charge  to  cause  any  damage  to  any  highway.

(2)  Where  in  contravention  of  sub-section  (1)  any  damage  has  been  caused  to
any highway, the Highway Authority shall have the damage repaired and the expenses
involved  shall,  without  prejudice  to  any  other  action  that  may  be  taken  against
the  person  responsible  for  contravention  of  sub-section  (1),  be  recovered  from  him
in accordance with the procedure provided in section 25 in so far as that procedure
is  applicable.
H  509-4

Procedure  to
be  followed
when
Highway
Authority
desires
permanently
to  close  any
highway.

Consent  of
Highway
Authority
required  to
do  certain
acts  on
highway.

Prevention
and
rectification
of  damaged
highway.

22

Maharashtra Highways Act

[1955 : Bom. LV

CHAPTER    VIII

Penalties.

Disobedience
of  orders,
instructions
and  refusal
to  give
information,
etc.

55. Whoever  wilfully  disobeys  any  direction  lawfully  given  by  any  person or
authority empowered under this Act to give such direcction, or obstructs any person
or  authority  in  the  discharge  of  any  functions  that  such  person  or  authority  is
required  or  empowered  under  this  Act  to  discharge,  or,  being  required  by  or  under
this Act to supply any information, withholds such information or gives information
which  he  knows  to  be  false  or  which  he  does  not  believe  to  be  true  shall,  on
conviction,  be  punished  with  fine  which  may  extend  to 1[one  thousand  repees].

Contraven-
tion  of
restrictions
relating  to
access  or
erecting any
building,
etc.

Unautho-
rized
occupation
of highway.

56. Whoever  erects,  alters  or  extends  any  building,  or  make  any  excavation  or
constructs  any  means  of  access  to  or  from  a  highway  or  does  any  other  work  in
contravention  of  the  provisions  of  section  9,  shall,  on  conviction,  be  punished—

(a)  with  fine  which  may  extend  to 2[two  thousand  rupees],  and
(b) with further fine which may extend to 3[five thousand repees] for each day
after such conviction, during which the offending structure or work is not removed,
demolished  or  cleared  and  the  site  not  restored  to  its  original  condition.

57. Whoever—

(a) occupies  or makes any  encroachment on  any highway in  contravention of

the  provisions  of  sub-section  (1)  of  section  21,  or

(b)  fails  to  comply  with  the  notice  served  on  him  under  sub-section  (1)  of

section  23  for  no  valid  reason,
shall,  on  conviction,  be  punished—

(a)  for  a  first  offence  with  fine  which  may  extend  to 4[one  thousand  rupees],
(b)  for  a  subsequent  offence  in  relation  to  the  same  encroachment  with  fine
which  may  extend  to 5[two  thousand  repees]  plus  a  further  fine  not  exceeding
6[hundred  repees  per  day]  on  which  such  occupation  of  the  highway  or
encroachment  continues.

Causing
damage  to
highways.

58. Whoever  in  contravention  of  sub-section  (1)  of  section  54  wilfully  causes
or allows any vehicle or animal in his charge to cause any damage to any highway,
shall, on conviction, be punished with fine which may extend to one thousand rupees.

General
provision
for  punish-
ment  of
offences.

59. Whoever contravenes any provision of this Act or of any rule or order made
thereunder  shall  if  no  other  penalty  is  provided  for  the  offence,  on  conviction,  be
punished—

(a)  for  a  first  offence  with  fine  which  may  extend  to 7[five  thousand  rupees],
(b)  for  a  subsequent  offence  with  fine  which  may  extend  to 8[one  thousand

repees].

1  These  words  were  substituted  for  the  words  “two  hundred  rupees”  by  Mah.  37  of  1999,  s.  10.
2  These  words  were  substituted  for  the  words  “five  hundred  rupees” ibid.,  s.  11(a).
3  These  words  were  substituted  for  the  words  “one  hundred  rupees” ibid.,  s.  11(b).
4  These  words  were  substituted  for  the  words  “two  hundred  and  fifty  rupees”,
5  These  words  were  substituted  for  the  words  “five  hundred  rupees” ibid.,  s.  12(b).
6  These  words  were  substituted  for  the  words  “fifty  rupees  per  day” ibid.,  s.  12(c).
7  These  words  were  substituted  for  the  words  “fifty  rupees” ibid.,  s.  13(a).
8  These  words  were  substituted  for  the  words  “two  hundred  rupees” ibid.,  s.  13(b).

ibid.,  s.  12(a).

1955 : Bom. LV]

Maharashtra Highways Act

23

60. Any offence committed under this Act may be compounded by the Highway
Authority  and  if  any  proceedings  have  been  instituted  against  any  person  in  any
criminal court, then on the terms of the compromise being carried out, the composition
shall be held to amount to an acquittal and in no case shall any further proceedings
be taken against such person or any property of such person with reference to same
facts.

Power  to
campound
offences.

CHAPTER    IX
Miscellaneous.

61. Every  police  officer  shall  forthwith  furnish  information  to  the  nearest
Highway  Authority  or  the  nearest  officer  subordinate  to  the  Highway  Authority  of
any  offence  coming  to  his  knowledge  which  has  been  committed  against  this  Act
or any rule made under this Act, and shall be bound to assist the Highway Authority
and  its  officers  and  servants  in  the  exercise  of  their  lawful  authority.

Powers  and
duties  of
police.

62. Every village headman, village accountant, village watchman or other village
official  by  whatever  name  called,  shall  forthwith  inform  the  nearest  police  station
or  the  nearest  Highway  Authority  or  any  officer  duly  authorised  by  the  Highway
Authority, whenever he becomes aware that any survey mark or any boundary mark
of  any  highway  or  any  mark  showing  the  building  or  control  line  determined  in
respect of a highway has been destroyed, damaged, removed, displaced or otherwise
tampered with, or that any damage to any highway or encroachment on any highway
has  been  made.

63. The Highway Authority may utilise temporarily for other than road purposes
land forming  part of a highway which is not immediately required for the passage
of  traffic,  and  dispose  of  the  produce  of  such  land.

64. Any  person  wrongfully  occupying  any  land,—

(a)  which  is  a  part  of  a  highway,
(b) the occupation of which contravenes any of the provisions of this Act and

the  said  provisions  do  not  provide  for  the  eviction  of  such  person,

Bom.
II  of
1876.
Bom.
V  of
1879.

shall be summarily evicted by the Collector in the manner provided in the Bombay
City  Land  Revenue  Act,  1876,  or  in  the  Bombay  Land  Revenue  Code,  1879 1[or
in  any  law  relating  to  land  revenue  in  force  in  any  part  of  the  State],  as  the  case
may  be,  on  being  required  to  do  so  by  the  Highway  Authority  or  any  officer
authorised  in  this  behalf  by  the  State  Government.

Bom.
II  of
1876.
Bom.
V  of
1879.

65. (1) The Highway Authority or the officer authorised by the State Government
in  this  behalf  shall,  if  he  desires  to  make  any  inquiry  for  the  purpose  of  this  Act,
make  the  inquiry  in  the  manner  provided  for  holding  a  summary  inquiry  under  the
Bombay City Land Revenue Act, 1876, or the Bombay Land Revenue Code, 1879,
1[or  under  any  law  relating  to  land  revenue  in  force  in  any  part  of  the  State]  and
all the provisions contained in the said Act or Code 2[or law] relating to the holding
of  a  summary  inquiry,  shall,  so  far  as  may  be,  apply  :
3[Provided  that,  wherein  any  such  law,  there  is  no  provision  for  holding  inquiry  in
a summary manner, such  inquiry shall be held in such other  manner as is provided
in  that  law.]

1  These  words  were  inserted  by  Mah.  42  of  1965,  s.  9.
2  These  words  were  inserted ibid.,  s.  10(a)(i).
3  This  proviso  was  added,

ibid.,  s.  10(a)(ii).

Duties  of
village
officials.

Power  to
utilise
highway  for
other  than
road
purposes.

Summary
eviction.

Inquiries  to
be  held
summarily.

Bom.
II  of
1876.
Bom.
V  of
1879.

XVI
o f
1908.

XVI
o f
1908.

XLV
o f
1860.

24

Maharashtra Highways Act

[1955 : Bom. LV

(2)  The  Highway  Authority  and  an  officer  authorised  by  the  State  Government
or the Highway Authority under this Act shall have the same powers for summoning
and enforcing the attendance of any person and examining him on oath and compelling
the production of documents as are vested in the revenue officers under the Bombay
City Land Revenue Act, 1876, or the Bombay Land Revenue Code, 1879 1[or under
any  law  relating  to  land  revenue  in  force  in  any  part  of  the  State.]

Registration
of  map
made  under
section 8 not
required.

66. (1) Nothing in the Indian Registration Act, 1908, shall be deemed to require

the  registration  of  any  map  made  under  section  8.

(2)  All  such  maps  shall,  for  the  purposes  of  sections  49  and  50  of  the  Indian
Registration Act, 1908, be deemed to have been and to be registered in accordance
with  the  provisions  of  that  Act  :

Provided that the maps shall be accessible to the public in the manner prescribed.

Certain
persons  to
be  public
servants.

67. The Highway Authority, the officers and other persons authorised or appointed
under this Act shall be deemed to be public servants within the meaning of section
21  of  the  Indian  Penal  Code.

Bar  of
jurisdiction.

68. No  Civil  Court  shall  have  jurisdiction  to  settle,  decide  or  deal  or  with  any
question which is by or under this Act  required to be settled, decided or dealt with
by the Highway Authority, the Collector, an officer or person authorised under this
Act,  any  Authority  under  section  35  or  section  44  or  the  State  Government.

Protection
of  persons
acting  in
good  faith
and  limita-
tion  of
suit  or
prosecution.

Service  of
notices  and
bills.

69. (1) No suit, prosecution or other legal proceedings shall be instituted against
any public  servant or officer  or person duly  authorised under  this Act in  respect of
anything  in  good  faith  done  or  intended  to  be  done  under  this  Act,  or  the  rules  or
orders  made  thereunder.

(2) No suit or prosecution shall be instituted against any public servant or, officer
or person duly authorised under this Act in respect of anything done or intended to
be done under this Act, unless the suit or prosecution has been instituted within six
months  from  the  date  of  the  act  complained  of.

70.

(1)  Every  notice  or  bill  issued  or  prepared  under  this  Act,  may  be  served

or  presented,—

(a)  by  delivering  or  tendering  it  or  sending  it  by  post  to  the  person  to  whom

it  is  addressed,  or  to  his  agent,  or

(b)  if  such  a  person  or  his  agent  is  not  found  then  by  leaving  it  at  his  usual
or last known place of abode or by delivering or tendering it to some adult male
member  of  his  family  or  by  causing  it  to  be  fixed  on  some  conspicuous  part  of
the  building  or  land,  if  any,  to  which  it  relates.
(2)  Where  a  notice  under  this  Act  is  required  to  be  served  upon  an  owner  or
occupier  of  a  building  or  land,  it  shall  not  be  necessary  to  name  the  owner  or
occupier,  and  the  service  thereof  may  be  effected  either—

(a)  by  delivering  or  tendering  the  notice  or  sending  it  by  post  to  the  owner  or
occupier or if there be more owners or occupiers than one, to any one of them, or
(b) if no such owner or occupier is found, then by giving or tendering the notice
to  an  adult  male  member  or  servant  of  his  family  or  by  causing  the  notice  to  be
fixed on some conspicuous part of the building or land to which the same relates.

1  These  words  were  added  by  Mah.  42  of  1965,  s.  10(b).

1955 : Bom. LV]

Maharashtra Highways Act

25

(3)  Whenever  the  person  to  whom  a  notice  or  bill  is  to  be  served  is  a  minor,
service  upon  his  guardian  or  upon  an  adult  male  member  or  servant  of  his  family
shall  be  deemed  to  be  service  upon  the  minor.

†71. (1) The State Government may, by notification in the Official Gazette, and
subject  to  the  condition  of  previous  publication,  make  rules  to  carry  out  all  or  any
of  the  purposes  of  this  Act.

Power  to
make  rules.

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,
the  State  Government  may  make  rules  for  all  or  any  of  the  following  matters  :—
(a) the manner in  which the notification may be published  in the Village and
at  the  headquarters  of  the 1[taluka,  tahsil  or  mahal]  under  sub-section  (2)  of
section  7 ;

(b) the  other places at  which copies of  map may  be open to  inspection under

section  8 ;

(c)  the  form  of  application  and  its  contents  under  sub-section  (2)  of  section  9;
2[(d) other acts and things which may be done by the Land Acquisition Officer

under  section  16;

(d-1) the manner in  which the amount shall be deposited  under section 19C;]
(e)  the  conditions  on  which  and  the  amount  of  rent  or  charge  on  payment  of

which  encroachments  may  be  made  on  a  highway ;

(f)  the  manner  in  which  a  reference  shall  be  made  under  section  35  or  44 ;
(g) fixation of the date on which the betterment charges shall be payable under
section 47 and instalments together with the rate of interest and the period within
which  such  instalments  shall  be  paid  under  the  proviso  to  the  said  section ;

(h)  the  conditions  on  which  any  land  may  be  relinquished  or  delivered  in

exchange  in  favour  of  the  State  Government  under  section  48 ;

(i)  rules  subject  to  which  any  highway  or  portion  of  it  may  be  closed  to  or
any  class  of  traffic  or  the  number  and  speed  or  weight  of  vehicles  using  the
highway  may  be  regulated  under  section  50 ;

(j) rules subject to which plying of vehicles may be prohibited under section 51 ;
3[(k)  the  prevention  of  danger  arising  from  obstruction  of  view  of  persons
using  highway  or  from  distraction  of  their  attention,  and  the  prevention  of
annoyance,  danger  or  injury  to  the  public ;]

(l)  the  prevention  of  obstruction,  encroachment and  nuisances  on  or  near  and

of  damages  to  highways ;

(m) the proper maintenance of boundary marks demarcating highway boundaries

and  building  and  control  lines ;

(n)  the  prescription  of  various  forms  of  applications  required  to  be  made  and
the  forms  of  notices  and  bills  required  to  be  served  on  persons,  the  charges  to
be  made  for  the  supply  of  copies  of  maps,  and  the  rent  or  other  charges  to  be
imposed  or  leived  under  the  provisions  of  this  Act ;

(o)  the  general  guidance  to  the  Highway  Authority  in  the  discharge  of  its

functions  under  this  Act ;

(p)  regulation  or  diversions  of  existing  rights  of  access ;
(q)  any  other  matter  which  is  to  be  or  may  be  prescribed.

† The  rules  made  under  the  Bombay  Highways  Act,  1955,  as  in  force  in  the  Bombay  area  of  the
State  of  Maharashtra  are  hereby  extended  to  the  rest  of  that  State  (vide  section  2  of  Mah.  42
of  1965).

1  These  words  were  substituted  for  the  words  “taluka  or  mahal”  by  Mah.  42  of  1965,  s.  11(a).
2  These  clauses  were  substituted  for  clause  (d)  by  Mah.  37  of  1999,  s.  14.
3  Clause  (k)  was  substituted  for  the  original,  by  Mah.  42  of  1965, s.  11  (b).

26

Savings.

Maharashtra Highways Act

[1955 : Bom. LV

72. (1) Subject to the provisions of this section, nothing in this Act shall affect—
(a)  the  rights  of  any  local  authority  to  make  any  excavation  for  the  purpose
of laying, making, altering, repairing or renewing any sewer, drain, water course
or  other  work ;  or

(b)  the  rights  of  any  authority  appointed  under  any  law  for  the  time  being  in
force  for  gas  or  water,  electricity,  railways,  tramways  or  trolly  vehicles  to  erect
any support  or make  any excavation for  the purpose  of laying,  making, altering,
repairing  or  renewing  any  main,  pipe,  sluice,  weir,  electric  line,  duct,  drain  or
other  apparatus ;  or

(c) any land belonging to a railway administration or belonging to or used by
a  person  holding  a  licence  or  sanction  for  the  generation,  transformation  or
distribution of electricity under the Indian Electricity Act, 1910, when such land
is held or used by the railway administration or such person, as the case may be,
for the  purpose of its  railway or for  generation, transformation or  distribution of
electricity,  except  in  so  far  as  they  may  consent  thereto ;  or

IX  of
1910.

(d)  any land  within the  limits  of a  cantonment or  a  port declared  by or  under

any  law  made  by  Parliament  or  existing  law  to  be  a  major  port ;

(e) any land within the jurisdiction of a local authority under the administrative

control  of  the  Central  Government  :

Provided  that—

(i)  any  restrictions  in  force  under  section  9  as  to  construction,  formation  or
laying  out  of  means  of  access  to,  or  from,  any  road,  shall  without  any  such
consent  as  aforesaid,  extend  to  any  such  land  as  is  specified  in  clause  (c)  in  so
far  as  the  restrictions  relate  to  means  of  access  over  or  under  such  land  to,  or
from,  land  other  than  land  so  specified ;  and

(ii)  any  consent  required  for  the  purposes  of  this  section  shall  not  be
unreasonably  withheld  and  the  question  whether  or  not  the  consent  so  required
is  unreasonably  withheld  shall  be  determined  by  the  State  Government  and  the
decision  of  the  State  Government  on  the  question  shall  be  final.

(2)  Nothing  in  this  Act  shall  affect  any  powers  and  duties  of  the  telegraph

authority  under  the  provisions  of  the  Indian  Telegraph  Act,  1885.

XIII  of
1885.

1*

*

*

*

*

*

*

*

Provisions
of  this  Act
or  rules  to
prevail over
inconsistent
provisions in
other  laws.

73. Save  as  provided  in  section  72,  the  provisions  of  this  Act  or  rules  made
thereunder in regard to any matter dealt with thereby shall prevail over the provisions
of any other law made by the State Legislature or any law which the State Legislature
is competent to make or to amend, in so far as such law is inconsistent with the said
provisions  or  rules,  and such  law  to  the  extent  of  such inconsistency  shall  cease  to
apply  or  shall  not  apply  to  any  such  matter.

1  This Explanation was  deleted  by  Mah.  37  of  1999,  s.  15.

1955 : Bom. LV]

Maharashtra Highways Act

27

74. For the avoidance of doubt it is hereby declared that nothing in this Act shall
apply  to  highways  which  are  or  have  been  declared  by  or  under  any  law  made  by
Parliament  to  be  national  highway  :

*

*

*

Provided  that  if  any  highway  is  declared  to  be  a  national  highway  by  or  under
any  law  made  by  Parliament,  it  shall  be  lawful  for  the  State  Government  to  fix
2*
the  building  and  control  lines  for  different  portions  of
the  said  highway  under  section  7 3[or  to  levy  betterment  charges  under  section  42
on lands the value of which has increased by reason of the construction or proposed
construction  of  such  highway ;]  and  thereafter  the  provisions  of  this  Act  in  so  far
as they apply to the restrictions on buildings between the highway boundary and the
building line  or between  the building  line and  the control  line and  other provisions
relating  to  such  building  and  control  lines 4[or  as  the  case  may  be,  the  provisions
of this Act relating to the levy of betterment charges shall, mutatis mutandis, apply.]

Building and
Control lines
along
national
highways
1[and  levy
of betterment
charges].

Mah.
XLII
o f
1965.
C.  P.
and
Berar
Act
XLVII
o f
1948.

Bom.
I  of
1904.

5[75.

(1)  On  the  commencement  of  the  Bombay  Highways  (Extension  and
Amendment)  Act,  1965,  the  Central  Provinces  and  Berar  Regulation  of  Uses  of
Land  Act,  1948,  shall  stand  repealed  :

Repeal  and
saving.

Provided  that  anything  done  or  action  taken  (including  any  notifications  or
licences issued, plans deposited, or restrictions imposed, applications and rules made,
permissions  given,  or  compensation  awarded)  under  the  aforesaid  Act  shall,  in  so
far as it is not inconsistent with the provisions of this Act, be deemed to have been
done or taken under the corresponding provisions of this Act, and shall contiune in
force accordingly, unless and until superseded by anything done or any action taken
under  this  Act.

(2)  The  mention  of  particular  matters  in  this  section  shall  not  affect  the  general
application to this Act of section 7 of the Bombay General Clauses Act, 1904 (which
relates  to  the  effect  of  repeals).]

SCHEDULE
(Deleted  by  Mah.  24  of  1967,  s.  4)

1  These  words  were  added  by  Mah.  42  of  1965,  s.  13(d).
2  The  words  “or  not  to  fix”  were  deleted,
ibid.,  s.  13(a).
3  These  words  were  inserted,
4  These  words  were  substituted  for  the  words  “shall mutatis  mutandis apply”, ibid.,  s.  13(c).
5  Section  75  was  inserted,

ibid.,  s.  13(b).

ibid.,  s.  14.

H  509-3282  Bks.*-4.2016

PRINTED  AT  THE  GOVERNMENT  PRESS,  KOLHAPUR.

